City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, August 8, 2023 5:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:00 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Public Comment Public Comment opened at 5:01 p.m. No speakers. Public Comment closed at 5:01 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:02 p.m. A 23-0653 CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIMS Closed Session held Pursuant to California Government Code Section 54956.95: Pistor, Amy v. City of Sunnyvale (Claim Nos. 588069, COS160104, COS170105) Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes August 8, 2023 Vice Mayor Din adjourned the meeting at 5:23 p.m. 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:30 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Study Session B 23-0457 Village Centers Master Plan Planning Officer Shaunn Mendrin provided the staff report and presentation. Public Comment opened at 6:36 p.m. Donna Winslow shared feedback regarding the proposed village center parking requirements and separation from neighboring residences. Meeta Bhaduri spoke to Village Center One and the need for a traffic study to examine potential parking and commuting congestion. Agnes Veith communicated the importance of developing housing and affordable housing units at 30 units per acre. Chuck Fraleigh voiced their support for accelerating approval of village centers and the need to develop village centers with retail businesses. Carol Weiss shared their concerns with Village Center One and its ability to retain retail business services and increased traffic. Valérie Suarès provided their concerns with aspects of the Village Center Four project and proposed a traffic study for that project. City of Sunnyvale Page 2 City Council Meeting Minutes August 8, 2023 Ravi Gupta communicated their feedback regarding the Village Center One plan and addressed comments made during the presentation. Gail Rubino voiced their agreement with the comments made by Councilmember Mehlinger regarding Village Center Four and provided further input on the need to retain existing retail businesses. Public Comment closed at 6:58 p.m. Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 7:00 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:07 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54956.95: Conference with Legal Counsel Workers’ Compensation Claims Pistor, Amy v. City of Sunnyvale (Claim Nos. 588069, COS160104, COS170105); nothing to report. ORAL COMMUNICATIONS Councilmember Sell shared an announcement regarding the beginning of the school year for Sunnyvale schools and a reminder for drivers to be on the lookout for students walking and bicycling. Jason Sterling Silver provided a public service announcement regarding the City of Sunnyvale Page 3 City Council Meeting Minutes August 8, 2023 services provided by nonprofit Shut Up and Serve, a veteran crisis quick response force. Vinod Kumar communicated the desire to speak about Senate Bill (S) 403 Discrimination on the basis of ancestry. Dashuinder Paul shared support for SB 403. Parmjit Kaur voiced support for SB 403. Vinod Kumar communicated support for SB 403. Satpaul Seurila shared support for SB 403. Kamaljeet Surila voiced their support for SB 403 and asked for the City Council to support the bill. Thenmozhi Soundararajan, Equality Labs and Californians for Caste Equity Coalition, provided comments urging Sunnyvale to support SB 403. PRESENTATION C 23-0519 Assembly Constitutional Amendment (ACA) No. 5 - Marriage Equality by Assemblymember Evan Low Assemblymember Evan Low presented information regarding Assembly Constitutional Amendment (ACA) No. 5 - Marriage Equality and asked for the City Council’s support for ACA 5. Assemblymember Evan Low presented Sunnyvale a State of California budget allocation supporting the Safe Routes to School program. CONSENT CALENDAR Public Comment opened at 7:32 p.m. A member of the public requested agenda item 1.G be pulled from the Consent Calendar. Public Comment closed at 7:32 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A through 1.F and 1.H through 1.I City of Sunnyvale Page 4 City Council Meeting Minutes August 8, 2023 The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0246 Approve City Council Meeting Minutes of July 11, 2023 Approve the City Council Meeting Minutes of July 11, 2023 as submitted. 1.B 23-0742 Approve City Council Meeting Minutes of July 25, 2023 Approve the City Council Meeting Minutes of July 25, 2023 as submitted. 1.C 23-0275 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 23-0647 Award a Contract to San Jose Conservation Corps for Glass Collection Services (F23-152) Take the following actions: - Award a contract, in substantially the same form as Attachment 1 to the report, in the amount of $518,001.12 to San Jose Conservation Corps for glass collection services for three years; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Authorize the City Manager to amend the contract to increase the contract amount and renew the contract for two additional one-year periods, subject to available budget and provided pricing and services remain acceptable. 1.E 23-0749 Approve Contract Award for Youth Workforce Development Services Approve the award of contract for youth workforce development services and authorize the City Manager to execute an agreement with Strada Collaborative, Inc., d/b/a Roadtrip Nation in an amount not-to-exceed $755,000, with the contract term starting August 14, 2023, and ending August 13, 2025. City of Sunnyvale Page 5 City Council Meeting Minutes August 8, 2023 1.F 23-0761 Approve Request from Hampton Inn & Suites to Waive Outstanding False Alarm Fees Totaling $5,600 Approve request from Sunnyvale Hampton Inn & Suites to waive outstanding False Alarm Fees totaling $5,600. 1.G 23-0766 Resolution Adopting an Updated Emergency Operations Plan Public Comment opened at 7:34 p.m. Member of the public spoke to the need to update the list of companies headquartered in Sunnyvale in the Emergency Operations Plan. Public Comment closed at 7:36 p.m. MOTION: Councilmember Mehlinger moved and Vice Mayor Din seconded the motion approve a Resolution adopting the City of Sunnyvale Emergency Operations Plan and update the list of companies headquartered in Sunnyvale. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.H 23-0591 Designate a Voting Delegate and Alternate for the 2023 League of California Cities Annual Conference Approve the Mayor’s nomination of himself as Voting Delegate and Councilmember Russ Melton as Alternate. 1.I 23-0786 Adopt Ordinance No. 3219-23 Repealing and Replacing Section 19.42.030 (Noise or sound level) of Chapter 19.42 (Operating Standards) and Making Related Changes to Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code Adopt Ordinance No. 3219-23 repealing and replacing Section 19.42.030 (Noise or sound level) of Chapter 19.42 (Operating Standards) and making related changes to Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code. City of Sunnyvale Page 6 City Council Meeting Minutes August 8, 2023 PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0422 Consider Converting all Part-Time Bike Lanes on Homestead Road Into Full-Time Bike Lanes Transportation Traffic Manager Dennis Ng provided the staff report and presentation. Public Hearing opened at 8:59 p.m. Sharlene Liu, Bicycle and Pedestrian Advisory Commissioner, provided the Commissions recommendation for Council to approve Alternative 2. Mohan Rao communicated their opposition to converting the bicycle lanes (bike lanes) on Homestead Road into full-time bike lanes. Poonam Hemrajani spoke to the safety issues of the Homestead Road bike lanes and support for Council passing Alternative 3. Bryan Lennon voiced their safety concerns of converting to full-time bike lanes and the impact to the neighborhood. Purvi Mehta provided written materials and shared their opposition to converting the part-time bike lanes into full-time bike lanes on Homestead Road. Ann Paulson spoke to improving bicycle safety and how approving Alternative 2 can help achieve this goal. Nagaratjan Ramesh communicated their support with maintaining the part-time bike lanes and their disapproval with the alternatives. Rachna Agrawal voiced the negative impact on the neighborhood full-time bike lanes would cause and their opposition to converting the bike lanes on Homestead Road into full-time bike lanes. Nihhr Mehta shared their support for approving Alternative 3 and not converting the bike lanes into full-time bike lanes. Sanjoy Mondal spoke in support for approving Alternative 3 and against converting the bike lanes into full-time bike lanes. Dr. Paul Besser shared their support for approving Alternative 2 and their personal City of Sunnyvale Page 7 City Council Meeting Minutes August 8, 2023 bicycling experience along Homestead Road. Stanley Kou voiced their support for improving student bicycle safety and for Council approving Alternative 2. Herve Marcy communicated their support for Alternative 2 and the need to address bicycle safety conditions. Bryce Beagle provided a presentation in support of converting the bike lanes on Homestead Road into full-time bike lanes and approving Alternative 2. Sarmysht Vaddi, Sunnyvale Youth Climate Action Team, and Silicon Valley Bike Coalition, spoke to the need for improving bike safety for commuting students and how converting the bike lanes on Homestead Road into full-time bike lanes can improve student safety. Betsy Megas shared their experience bicycling on Homestead Road and how converting the bike lanes into full-time bike lanes can improve safety. Kinsey Kwan-Liu voiced their support for improving bicycle infrastructure and approving Alternative 2. Radhika Goel expressed the need to improve bicycle infrastructure and how Alternative 2 can help achieve this goal. Marc Schaub, Bike Sunnyvale, provided a presentation on the profile of Homestead Road and the need for full-time bike lanes. Ari Feinsmith, Bike Sunnyvale, continued the presentation with recommended motions for Council to consider in implementing full-time bike lanes. Alon Golan, Bike Sunnyvale, continued the presentation addressing safety hazards of Alternative 1. Jonathan Blum, Bike Sunnyvale, continued the presentation on the impact of full-time bike lanes on Homestead Road parking. Kevin Jackson, Bike Sunnyvale, continued the presentation regarding City policies and goals supporting safe bicycling. David Wessel, Bike Sunnyvale, continued the presentation on potential City liability City of Sunnyvale Page 8 City Council Meeting Minutes August 8, 2023 on not providing full-time bike lanes on Homestead Road. Steve Meier, Bike Sunnyvale, continued the presentation comparing Sunnyvale’s bike lanes to their adjacent cities and presented motions to consider. Martin Pyne addressed Councilmember Mehlinger’s question regarding the size of a truck compared to the proposed bike lanes. Sharlene Liu, Bike Sunnyvale, provided comments to why Alternative 2 is the better option compared to Alternative 1. Council took a recess at 10:20 p.m. and returned at 10:29 p.m. with all Councilmembers present. Sanjay Gujare noted this is a polarizing topic and how approving Alternative 3 will best satisfy the opposing views on the Homestead Road bike lanes. Rod Sinks, Fremont Union High School District Trustee, communicated the Fremont Union High School District Board's support for Alternative 2. Mark Mendoza shared their support for the approval of Alternative 2 and improving bicyclist safety. TC Barr communicated their thoughts on the varied interests being heard and concluded converting the bike lanes on Homestead Road into full-time bike lanes will most benefit the community. Joanna T spoke in support of converting the bike lanes on Homestead Road into full-time bike lanes as soon as possible. Nathaniel Wolff spoke to the connectivity benefits full-time bike lanes on Homestead Road would provide to the region. Gavin Achtemeier voiced their support for approving Alternative 2. Aayushma A gave a student perspective to how creating full-time bike lanes on Homestead Road benefits students and the community. Reena Agarwal shared their experience using the Homestead Road bike lanes as a student and support for approving full-time bike lanes. City of Sunnyvale Page 9 City Council Meeting Minutes August 8, 2023 Elisabeth Floyd spoke in support for converting the bike lanes on Homestead Road into full-time bike lanes. Kristel Wickham voiced their support for the approval of Alternative 2 with the modifications proposed by BPAC. Jason Feinsmith communicated the many benefits to Sunnyvale Alternative 2. Coleen Hausler spoke to the dangerous conditions of the current bike lanes and how Alternative 2 best addresses these concerns. Priti expressed their frustrations with members of the community who advocate for bike infrastructure and attempts to change the current bike lanes. Steve Scandalis shared their view that the presented alternatives do not adequately address the issues and only Alternative 3 should be considered. Public Hearing closed at 11:13 p.m. MOTION: Councilmember Sell moved and Councilmember Cisneros seconded the motion to approve Alternative 2: Convert all part-time bike lanes on Homestead Road into permanent full-time bike lanes by removing parking. FORMAL AMENDMENT: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to incorporate buffered bike lanes and road diets where possible as part of the design and implementation. The formal amendment carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan No: 1 - Councilmember Sell MOTION AS AMENDED: Councilmember Sell moved and Councilmember Cisneros seconded the motion to approve alternative 2: Convert all part-time bike lanes on Homestead Road into permanent full-time bike lanes by removing parking and incorporate buffered lanes and road diets where possible as part of the design City of Sunnyvale Page 10 City Council Meeting Minutes August 8, 2023 and implementation. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to hear agenda item 3. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 3 23-0750 Proposed Project: Downtown Specific Plan Amendment Initiation to study changes to the development intensities and standards for Block 18 of the Downtown Specific Plan to allow an increase to the allowable maximum office square footage of 205,000 square feet and increase the maximum allowable building height from 75 feet to 85 feet. File #: PLNG-2023-0306 Location: Downtown Specific Plan (DSP) Block 18 (bounded by West Washington Avenue, South Sunnyvale Avenue, West Iowa Avenue and South Mathilda Avenue) Zoning: DSP/18 (Downtown Specific Plan, Block 18) Applicant / Owner: STC Venture Block LLC and related entities (applicant and owner) Environmental Review: The project is exempt from the City of Sunnyvale Page 11 City Council Meeting Minutes August 8, 2023 California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Mayor Klein recused himself from this item due to a conflict of interest – owning real property within 500 feet of the Downtown Specific Plan area and left the meeting at 12:00 a.m. Planning Officer Shaunn Mendrin provided the staff report and presentation. Public Hearing opened at 12:09 a.m. Deke Hunter, President of Hunter Properties, provided the applicant presentation in support of the proposed project. Martin Pyne, Planning Commission Chair, provided the Commission's recommendations to Council. Coleen Hausler spoke in support of the continued development of downtown Sunnyvale. Public Hearing closed at 12:19 a.m. MOTION: Councilmember Sell moved and Councilmember Melton seconded the motion to approve Alternatives 1 and 2 with modifications: 1. Initiate a Downtown Specific Plan Amendment (SPA) study to consider amending Block 18 of the Downtown Specific Plan to: - Increase allocated office use square footage by 205,000 square feet above the maximum office square footage; - Increase the maximum building height from 75 feet to 85 feet for Sub-block 6; - Evaluate the development standard for the transition of the buildings on Sunnyvale Avenue - Evaluate development standards for the transition of buildings on Sunnyvale Avenue; - Consider Amendments to the current Development Agreement between the City and STC LLC (Cityline) - Find that this action is exempt from the California Environmental Protection Act (CEQA) pursuant to CEQA Guidelines Section 15378(a); and 2. Direct staff to monitor progress on other Planning applications, and accept applications for a Downtown Specific Plan Amendment and Development City of Sunnyvale Page 12 City Council Meeting Minutes August 8, 2023 Agreement amendments prior to January 1, 2024, if workload allows. The motion carried with the following vote: Yes: 6 - Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Recused: 1 - Mayor Klein Mayor Klein rejoined the meeting at 12:29 a.m. MOTION: Councilmember Melton moved and Vice Mayor Din seconded the motion to hear agenda item 4. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Council took a recess at 12:30 a.m. and returned at 12:35 a.m. with all Councilmembers present. 4 23-0770 Approve the Assignment of Purchase and Sale Agreement and Exclusive Negotiating Agreement Between the City of Sunnyvale and MidPen Housing Corporation for the Purchase of 295 S. Mathilda Avenue Planning Officer Jenny Carloni provided the staff report. Public Hearing opened at 12:46 a.m. City of Sunnyvale Page 13 City Council Meeting Minutes August 8, 2023 Mollie Naber, Associate Director of Development, MidPen Housing, spoke to the proposed affordable housing development and the strong partnership MidPen shares with Sunnyvale. Coleen Hausler voiced their support for affordable housing projects. Public Hearing closed at 12:57 a.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Authorize the City Manager to execute the Agreement of Assignment of Purchase and Sale and Exclusive Negotiating Agreement in substantially the same form as Attachment 3 to the report, between the City of Sunnyvale and MidPen Housing Corporation for the purchase of the real property located at 295 S. Mathilda Avenue for $7,350,000 and to make the determination whether to provide written notice to MidPen Housing at least three (3) business days prior to the Inspection Period Deadline of its intent to proceed with the acquisition of the Property. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager None. City of Sunnyvale Page 14 City Council Meeting Minutes August 8, 2023 INFORMATION ONLY REPORTS/ITEMS 23-0743 Tentative Council Meeting Agenda Calendar 23-0744 Board/Commission Meeting Minutes 23-0745 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 12:58 a.m. City of Sunnyvale Page 15